S.L. 499.71 Art. 9Cost recovery systems.

(1) The Authority shall ensure that the costs of operating port reception facilities for the treatment and reception of waste from ships, other than cargo residues:

(a) are covered from the collection of a fee from ships; and

(b) provide no incentive for ships to discharge their waste at sea.

(2) All ships calling at a port or terminal, including those that have not delivered waste before leaving the port or terminal, shall, in order to contribute significantly to the costs referred to in sub-regulation (1), irrespective of the actual use of the facilities, be liable to pay an indirect fee.

(3) The fees established and published in terms of this regulation:

(a) may be differentiated on the following basis:

(i) the category, type and size of the ship;

(ii) the provision of certain services to ships outside normal operating hours in the port or terminal; or

(iii) the hazardous nature of the waste; and

(b) shall be reduced on the following basis:

(i) the type of trade the ship is engaged in, in particular when a ship is engaged in short sea shipping trade; and, or

(iii) the ship’s design, equipment and operation demonstrate that the ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner.

(4) The Authority, operator of a port or terminal, and operator of an authorised port reception facility shall publish and keep updated the amount of the fees and the basis on which they have been calculated; and shall ensure that such are publicly available and easily accessible to the users of such port or terminal, in the English language and, if deemed appropriate, also in the Maltese language. Such fees and calculations must also be included in the waste reception and handling plan.

(5) The fees payable to the Authority and, or to the operators of the ports or terminals and, or to the operators of authorised port reception facilities under this regulation shall be as established, from time to time.